AT-04-03, PROGRAM INSTRUCTION -- REQUIRED CHANGES TO TRIBAL IV-D PLANS: CHECKLIST

ACTION TRANSMITTAL

AT-04-03

ATTACHMENT: Required Changes to Tribal IV-D Plans Checklist

DATE: May 13, 2004

TO: TRIBAL IV-D AGENCIES CURRENTLY OPERATING TRIBAL IV-D PROGRAMS UNDER 45 CFR PART 310

SUBJECT: PROGRAM INSTRUCTION -- REQUIRED CHANGES TO TRIBAL IV-D PLANS: CHECKLIST

BACKGROUND:

The Interim Final Rule and Notice of Proposed Rulemaking for Comprehensive Tribal Child Support Enforcement Programs were published in the Federal Register on August 21, 2000 (65 FR 50786). In an effort to ensure that Tribes operating child support enforcement programs under demonstration projects funded by the Office of Child Support Enforcement (OCSE) would not be delayed by the regulatory process, the Interim Final rule allowed those Tribes to apply for the funding made available under 455(f) of the Social Security Act (the Act).

OCSE received and approved funding applications from nine Tribal IV-D programs to operate under the Interim Final rule. As noted in the preamble to the NPRM the risk to a Tribe that operates under the interim rule is that the rule may change, and the Tribe will have to change its program to comport with the final rule.

The final regulations implementing direct funding to Indian Tribes and Tribal organizations under section 455(f) of the Act were published on March 30, 2004 (69 FR 16638). For Tribes operating a Tribal IV-D program under the Interim Final Rule, 45 CFR part 310 will apply until no later than October 1, 2004. Tribes operating under 45 CFR part 310 must comply with the final regulations (45 CFR part 309) no later than October 1, 2004.

The requirement for currently operating Tribal IV-D programs to comply with the final regulation is found at 45 CFR 309.35(d):

After approval of the original Tribal IV-D program application, all relevant changes required by new Federal statutes, rules, regulations, and Department interpretations are required to be submitted so that the Secretary may determine whether the plan continues to meet Federal requirements and policies.

The effective date of the new requirements for operational programs that the Tribe must meet is October 1, 2004. 45 CFR 309.35(f) states that the effective date of a plan or plan amendment may not be earlier than the first day of the fiscal quarter in which an approvable plan or plan amendment is submitted. Currently operating Tribal IV-D programs must send plan amendments demonstrating compliance with these new requirements no later than the last day of the quarter beginning October 1, 2004, i.e. December 31, 2004.

The attached check list specifies changes that a Tribal IV-D agency must make to its IV-D plan as a result of changes in the final regulations. An original and one copy of the plan and appropriate attachments must be sent to OCSE Central Office (with a copy to the appropriate Regional Office) by no later than December 31, 2004 certifying compliance with the new requirements.

REFERENCES: 45 CFR Part 309

EFFECTIVE DATE: Tribes operating under the Interim Final Rule must submit revised Tribal IV-D plans (with appropriate attachments) no later than December 31, 2004 certifying and documenting compliance with these final regulations (45 CFR Part 309) as of October 1, 2004.

INQUIRIES: OCSE Regional Program Offices